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DEVINE v. BOARD OF HEALTH OF WESTPORT

No. 05-P-428.

66 Mass. App. Ct. 128 (2006)

THERESA L. DEVINE, trustee, v. BOARD OF HEALTH OF WESTPORT & another.

Appeals Court of Massachusetts, Bristol.

April 14, 2006.

Attorney(s) appearing for the Case

Jason R. Talerman for the defendants.

J. Owen Todd for the plaintiff.

Present: Rapoza, Green, & Katzmann, JJ.

KATZMANN, J.

The defendants, Board of Health of Westport and its agent (collectively board), appeal the allowance of summary judgment by a Superior Court judge, requiring the board to issue a septic system permit to the plaintiff, Theresa L. Devine as trustee of the Atlantic Ave. Realty Trust (trust), based on constructive grant. Holding that the board had violated G. L. c. 111, § 31E, the judge interpreted that statute to require that a board of health not only...

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